When you become a victim of Cattaraugus County District Attorney Lori Rieman she will use any and all methods at her disposal, illegal or otherwise, to get a conviction. In the Kochan trial she is using visual symbolism in the court room to plant in the minds of the jury, i.e. taint the jury, that Mr. Kochan is someone who has the potential to physically attack others in the court room, or had done so in the past. This can have has serious prejudicial effect on Mr. Kochan at the trial…
After the start of the trial, Rieman, or someone else, would have positioned on the left side of the courtroom, directly across from and within full view of the jury, all that can be described as one of her goons, a Cattaraugus County Sheriff’s Deputy by the name of Anzo? This guy looks as big as the fictional character Mongo in the Blazing Saddles Movie. Every time there would be a sidebar in which Mr. Kochan, his Attorney and the ADA would approach the bench the Deputy would get up and stand directly near Mr. Kochan. A sidebar is a process in a trial were the parties approach the bench and discuss matters off record outside of the hearing of the jury. The jury would see Anzo? get up and stand near Mr. Kochan. The size of this guy would easily impress upon the jury that they had had problems in the past with Mr. Kochan in the courtroom, with possible physical altercations and bad ones based on the size of the Deputy.
These are the tactics only a completely corrupt District Attorney office and their cohorts would engage in order to convict their targeted victims. Mind you the case now being played out in the Cattaraugus County Court is based on a fraudulent ten count indictment of nine simple traffic infractions and one misdemeanor charge of defending oneself (Mr. Kochan had previously been charged for remain silent). New York State County Courts are normally reserved for serious cases such as murder, drug dealing, etc…. not a simple obstruction of government administration and traffic infractions. If this was handled properly it would have ended in the lower Ellicottville Court upon two traffic infractions, no Grand Jury would have heard it and no Trial by Jury, which the only reason Mr. Kochan went with a jury trial is because the Judge violated every rule in the book concerning the illegal move to the County Court… The evidence clearly shows it is DA Rieman who is the cause of this quagmire.
Unethical Prosecutors can lie, violated any and all of your rights and you can’t do anything about it. The only thing we as a people have left is the court of public opinion. When you are dealing with a ethical prosecutor that’s alright because they don’t lie and rob you of your rights. But when you are dealing with an unethical one, like Lori Rieman and her band of cohorts they will use every crime in the book to destroy your life and take everything you hold dear. The case cited below is Norton vs Town of Brookhaven 47 F.Supp.3d 152 (2014), from right here in New York, and it lays it out perfectly. In Pinaud v. County of Suffolk, 52 F.3d 1139, 1148 (2d Cir. 1995), the Second Circuit granted absolute immunity to prosecutors who allegedly violated the plaintiff’s rights under the Fourth, Fifth, Sixth and Eighth Amendments by:
- seeking improperly to increase the plaintiff’s bail;
- making false representations to prompt a plea agreement (which Rieman did in Mr. Kochan’s matter when she was attempting to get a plea bargain from him), and then breaching that agreement;
- manufacturing a bail jumping charge;
- making misrepresentations to the Bureau of Prisons;
- unnecessarily transferring the plaintiff from county to state jail.
These alleged acts, while “unethical, deviant, and violative of the plaintiffs’ constitutional rights, were ‘components of the initiation and presentation of a prosecution, and therefore the prosecutors were protected by absolute immunity.'”
In Phillips, 81 F.3d at 1213 (citing Pinaud). “In short, absolute immunity insulates prosecutorial misconduct — however outrageous — so long as the misconduct is prosecutorial.” Phillips, 81 F.3d at 1213.
This shows how completely out of control the Cattaraugus County District Attorney’s Office is and why it can be. This is why we the people have only one venue left to hold these corrupt and evil individuals accountable, and that is the court of public opinion. The court of public opinion has been described as the most important informal court.
In one federal lawsuit against District Attorney Lori Rieman herself, she, as well as members of her office were accused of not having the temperament and psychological makeup to properly carry out their duties as responsible government officials. This which included ‘ADA’ William Preston Marshall, who was the cause of the suit, ‘ADA’ Amber Kerling being charged with prosecutorial misconduct by the Appellant division of the State Court, which is a rarity and ‘ADA’ Elizabeth Ensell who ran over a citizen in a well marked crosswalk who was hospitalized and Ensell was not charged because the Olean Police Department covered it up. Then you have ‘ADA’ Kelly Balcom who along with Ensell lie to the court and defense in order to get a conviction. Did we miss anybody? The lawsuit speaks 10,000 words in one paragraph;
“Defendants were negligent in the hiring of the aforesaid agents, servants and/or employees in that they knew, or in the exercise of reasonable care should have known, that said agents, servants and/or employees of Defendant COUNTY OF CATTARAUGUS did not possess the temperament and psychological makeup to properly carry out their duties as responsible government officials.”
The only person who has ever been attacked and/or intimidated in a courtroom is Mr. Kochan. Almost every time he would show up in court and on almost all occasions his court hearing would be the only one scheduled for that evening, which would keep it out of the view of the general public and he was always surrounded by cops. This harassment and intimidation tactic was meant to hinder and/or impede Mr. Kochan’s ability to exercise his rights. The attacks upon Mr. Kochan were made abundantly clear on Wednesday, May 31, 2017, after the Jury was dismissed for the day… Rieman attacked Mr. Kochan accusing him of holding her accountable for her conduct. In other words she accused him of exercising his rights.
The Little Valley Town Court was the worst for Mr. Kochan, on one occasion they even had a conservation officer present, then at the first illegal CPL 730 hearing there would be four sheriff’s deputies present and at the last CPL 730 hearing there would be six deputies. The 2016 event in which Mr. Kochan was almost murdered if it was not for local motorists who just happened to come upon the event as it was unfolding.
It was at the last CPL 730 hearing that Deputy Winters would reinjure Mr. Kochan’s shoulder and ADA William Preston Marshall’s wife Bridget Marshall, herself an attorney, would physically assault Mr. Kochan at the hearing, which he objected to, his lawyer objected as well as family members. Town Court Clerk Jillian Koch would illegally edit of the audio transcript the objections. So who is a threat to who? US Citizens are 58 times more likely to be killed by a cop then they are a terrorist, so who should we the People, including Mr. Kochan be afraid of? It must be noted that at the first hearing Mr. Kochan was sent to ECMC CPEP with threats of incarceration of 90 days, which he was released within 16 hours and the second one he was sent to Elmira Psychiatric Center which could have led to indefinite incarceration in which he was released 24 later and the doctor of record admonished the judge for sending him there. The most frightening aspect of the records on the matter is the Judge even admitted that Mr. Kochan was a threat to no one, including himself, one of the very reasons for a sending him there in the first place. This happened to another fellow New Yorker who is now spearheading a bill in the New York State Assembly to create a commission on prosecutorial conduct similar to the Commission on Judicial Conduct which holds judges accountable for bad conduct and the Attorney Grievance Committee. Mr Kochan testified before the panel conducting hearings on the matter in 2015. This committee once formed will hold District Attorney’s and their employees accountable for their bad conduct.
This is just one of the methods corrupt DA’s and others will to taint use in order to help them get a conviction. It is seldom talked about or goes unnoticed to all but the jury. Like we said before the deck is stacked against Mr. Kochan.